Ohio Bill Regarding Parental Consent and Gender Dysphoria (HB 658)
This law was last updated on Jun 28, 2018
HB 658 would prohibit the state from intervening when a parent or guardian decides to withhold consent from any treatment for gender dysphoria or any other “activities that are designed and intended to form a child’s conceptions of sex and gender.”
The bill defines “gender dysphoria” to mean “the condition of feeling one’s emotional and psychological identity as male or female to be opposite to one’s biological sex.”
The bill defines “gender dysphoria treatment” to include:
- Educational materials, classes, or programs; and
- Medical, psychological, social, or other professional treatment, therapy, counseling, or other services.
The bill would allow parents, guardians, or custodians of a child the right to determine what is in the best interest of the child regarding the following:
- The child is diagnosed with gender dysphoria;
- The child exhibits symptoms of gender dysphoria;
- Whether the child should participate in any classes or programs related to sex or gender; and
- Any counseling, therapy, or treatment provided to the child regarding the child’s gender dysphoria.
The bill would require any government agent or entity with knowledge that a child under its care or supervision has exhibited symptoms of gender dysphoria or otherwise demonstrates a desire to be treated in a manner opposite of the child’s biological sex, to immediately notify the child’s parents, guardian, or custodian.
No government agent or entity may authorize gender dysphoria treatment without the informed consent of the child’s parents, guardian or custodian. For consent to be valid, both parents would be required to consent.
A violation of this provision would be gender dysphoria treatment without parental consent, a felony of the fourth degree.
In order to acquire informed consent, the government agent or entity would need to provide full disclosure of all of the following, with regard to the proposed gender dysphoria treatment:
- Short- and long-term effects of the treatment;
- A comprehensive review of the safety and efficacy of the treatment; and
- A review of whether “relevant agencies” have approved the treatment.
The bill would prohibit the state from taking any adverse action against the parents, guardian, or custodian of a child for refusing to consent to any gender dysphoria treatment.
If passed, transgender children may be blocked from accessing the care they need, and may also find themselves outed by school officials, therapists, and social workers.